GUY AND JENNIE KENNEDY ROY AND LAURA STRICKLAND
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CON T R ACT
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This contract and memorandum of agreement made and entered
into this 29th day of June, A.D. 1951, by and between the CITY
OF CLEARVIATER, a municipal corporation, as party of the first part
and GUY KENNEDY and wife, JENNIE G. KENNEDY, ROY STRICKLAND and wife,
LAURA STRICKLAND, as parties of the second part.
WITNESSETH: That whereas it is the desire of the City of
Clearwater to make certain improvements of public streets abutting
upon lands owned by parties of the second part, said public improve-
ments to be as follows:
1. gxtend, grade and permamently pave Laura Street
Eastward from Myrtle Avenue to its intersection
with Prospect Avenue and place storm sewer there-
under to effect drainage from its intersection
with Prospect Avenue to its intersection with
Myrtle Avenue, said Laura Street to have a right-
of-way width of fifty (50) feet and a paved width
of forty (40) feet including curbs.
2. Grade, supplement base and hard surface Prospect
Avenue from its intersection with Laura Street
to its intersection with Cleveland Street.
AND WHEREAS, prior to the date of this contract Guy Kennedy
and wife, Jennie G. Kennedy, Roy Strickland and wife, Laura Strickland
have, with their own private capital, made certain improvements
by providing marl base and partial hard surfacing for that portion
of Prospect Avenue to be improved by the City as above setforth,
and it is the desire of the City of Clearwater to give said parties
of the second part, Guy Kennedy and wife, Jennie G. Kennedy and
Roy Strickland and wife, Laura Strickland, credit for the value
of said improvements so made~
AND WHEREAS, it is the desire of the City of Clearwater to
establish the right-of-way of Laura Street at a width of fifty
(50) feet,
AND WHEREAS, under the Charter Provisions of the City of
Clearwater, it is provided that the cost of public improvements such
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as herein contemplated shall be assessed against properties abutting
said improvements.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and the sum of One Dollar ($1.00) paid by party
of the first part to parties of the second part, it is agreed as
follows:
1. Party of the first part, City of Clearwater, agrees
to convey to the parties of the second part, the
following described lands:
A right of way beginning where the Easterly projection
of the North and South boundary of Laura Street inter-
sects the \'lest boundary of said block (Block 4 of
Sarah McMullen Subdivision, City of Clearwater) and
from there extending Easterly across that Block
~arallel to its South boundary an even Widt,h fifty
{50) feet; Laura Street above mentioned, being
located according to the map of Gould and Ewing 1st
and 2nd i,ddition to Clearwater, Florida, as recorded
in Plat Book 1, Page 52 of the Public Records of
Hillsborough County, Florida.
2. Party of the first part, City of Clearwater, further
agrees that for a period of twenty (20) years beginning
with the date of this contract, it will not construct
a public sidewalk on the South side of Laura Street
between its intersection with rJiyrtle Avenue and its
intersection with Prospect Avenue.
3. Party of the first part, City of Clearwater, further
agrees to permamently pave Laura Street from its inter-
section with Myrtle Avenue to its intersection with
Prospect Avenue, a paved width of forty (40) feet
including curb and provide adequate storm drainage
therefor which said improvement s will be done and
accomplished by the City of Clearwater, in considera-
tion of the conveyance hereinafter mentioned to be
made by parties of the second part to party of the
first part, without assessing the cost thereof against
parties of the second part, Guy Kennedy and wife)
Jennie G. Kennedy, Roy Strickland and wife, Laura
Strickland.
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4. City of Clearwater further agrees to supplement the
base and hard surface, to a width of twenty-seven (27)
feet, Prospect Avenue from its intersection with Laura
Street to its intersection with Cleveland Street and will
assess the cost of such improvements of Prospect Avenue
against the abutting property owners, including the
parties of the 3t:~cu:d part, provided however the City
of Clearwater agrees to credit parties of the second
part, Guy Kennedy and wife, Jennie G. Kennedy, Roy
Strickland and wife, Laura Strickland, with the present
value of certain improvements in the way of marl fill
and hard surfacing heretofore done by the said parties
of the second part to the right-of-way of said Prospect
Avenue, said assessment against parties of the second
part shall in no event exceed twenty-five (25) per cent
of the cost of said proposed improvements to Prospect
Avenue.
5. It is further agreed by the party of the first part,
City of Clearwater, that in the establishment of the
curb line of Laura Street, it will collaborate with
the parties of the second part in omitting curbs at
driveway stations to be designated by parties of the
second part for egress and ingress to mands owned by
parties of the second part on both the North and South
sides of Laura Street, said driveway spaces to be
designated and assigned in accordance with Charter
Provisions and Ordinances of the City of Clearwater
and it is further agreed by party of the first part
that in establishing the grade lines for the curbs
on Laura Street the City will, insofar as seems
practical to the City Engineer, cooperate with parties
....
of the second part in establishing the grade lines
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of said curb at such elevations as will facilitate
drainage of yard paving now existing on the properties
of the parties of the second part.
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Parties of the second part, in consideration of the
conveyance above mentioned to be made by party of the first part
to parties of the second part and in further consideration of
the cancellation or remission by party of the first part to
parties of the second part of special improvement assessments
for improvements to be made by party of the first part to and
on Laura Street, the said parties of the second part, Guy Kennedy
and wife, Jennie G. Kennedy, Roy Strickland and wife, Laura
Strickland, agree to convey to the party of the first part, City
of Clearwater, that certain tract of land located in the City of
Clearwater and described as follows, to wit:
Begin at the N. W. corner of Section 15, Township 29S,
Range 15E, run thence South 20 30'West along the West
Line of said Section, 579.85 ft. to a point, said point
being the intersection of the aforesaid West Section
Line and a straight line connecting the point of inter-
section of the West Right of Way Line of Myrtle Avenue,
and the North Right of Way Line of Laura Street; and the
point of intersection of the West Right of ',lay Line of
Booth Avenue, and the North Right of VJay Line of Laura
Street, thence run easterly along the East and ~Vest Line
above mentioned, a. distanc e of 30 feet to a point, said
point being the Point of Beginning for the description
following; thence continue Easterly along said East and
West Line previously run 360f to the Westerly boundary
line of Right of Way of ~rospect Avenue, thence Southerly
along said Westerly boundary line of Prospect Avenue~O';
thence Westerly along a line 50' South of and parallel,
to the East andvvest line previously run, 360' to the
East boundary line of Right of Way of Myrtle Avenue as
same is now located; thence North along said East Boundary
line 50' to Point of Beginning.
IN WITNESS WHEREOF, the said party of the first part has
caused these presents to be executed in its name by its City IvIanager
and City Auditor and Clerk, countersigned by its Mayor-Commissioner,
and its_cQr~orate seal to be hereunto attached and the said parties
of the second',part have hereunto set their hands and seals at
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Clearwater,.J>i-~llas County, Florida, the day and year first above
written.
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Signed, sealed and delivered in
presence of:
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Witnesses as to execution by
the City of ~learwater
and delivered in
itnesses as to execution
parties of the second part.
Approved as to f~ctness:
~ttomey
STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this ~~ day of June, A.D. 1951,
before me personally appeared F. C. MIDDLETON, H. G. W~NGO, HERBERT M.
BROWN, respectively City Manager, City Auditor and Clerk and Mayor-
Commissioner of the City of Clearwater, a municipal corporation exist-
ing under the laws of the State of Florida, to me known to be the in-
dividuals and officers described in and who executed the foregoing con-
tract and severally acknowledged the execution thereof to be their free
act and deed as such officers thereunto duly authorized, and that the
official seal of said municipal corpQration is duly affixed thereto, and
the said conveyance is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the
County of Pinellas and State of Florida, the day and year las~~bove
written. ^ <-----<
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day before me, an officer duly
authorized to take acknowledgments, personally appeared GUY KENNEDY and
wife, JENNIE G. KENNEDY, ROY STH.ICKLAND and wife, LAURA STHICKLAND, to
me well known to be the individuals described in and who executed the
foregoing instrument and they acknowledged before me that they executed
the same.
AND I FURTHER CERTIFY, that the said JENNIE G. KENNEDY and LAURA
STRICKLAND, known to me to be the wives of the said GUY KENNEDY and ROY
STRICKLAND, on a separate and private examination, taken and made by and
before me, separately and apart from their said husbands, did acknowledge
that they executed said instrument freely and voluntarily and without
any compulsion, constraint, apprehension or fear of or from their said
husband s.
WITNESS my hand and official ~~~pat Clearwater, County of
Pinellas and State of Florida, this ~ day of June, A.D. 1951.
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Bonded ,;;Y..b~\!riC~l ~lU!:. Co,:"':' N" Y.
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